The Sedalia weekly bazoo. [volume] (Sedalia, Mo.) 187?-1904, 1887-09-13

TO the jury that they are not TO consider
any testimony relative to the time, place
and manner of the death of Engineer De-
Witt"
JudgelHindmsn in his instructions to
the Jury set forth at length the charges
charges against George III. Hamilton under
the three counts of the indictment found 10y
the grand Jury. He defined the meaning
of the words "felony" and murder" and
the construction to be placed by the jury
upon the various legal terms used in the
charges.
He said:
"The defendant is presumed innocent
until his guilt is established, beyond reas-
enable doubt. The bureau of proof rests
with the state throug hout and In order to
authorize a conviction every essential In
gredient of the offense charged must be
clearly established beyond a reasonable
doubt Ii there is a reasonable doubt
whether defendants guilt is satisfactorily
shown he must be acquitted. The intent
of the defendant must be estab lished and
must be as charged In the information
but such intent need not be proven by dl-
rect evidence, but may be established by
the circumstances of the case. Every per-
son is presumed to intend the natural and
and probable result of his acts
"Before the defendant can be convicted
in this case the jury must be satisfied by
the evidence beyond reasonable doubt that
the deraiiing of the engine which occas-
toned the death of Benjaman Horton was
caused by the willful act Of defendant. or
that defendant was present aiding, assisting
or abetIing the commission OF said acts,
and if the iurv had doubt as to whether
the derailing of the engine Was an accident
the defendant must be acquitted. The
presumption is that the defendant is inno-
cent of interference with the rails until the
contrary is proven.
| "If the evidence shows that the wreck
was the result of the tearing up OF the rails,
| IL is immaterial in this case whether the
track was in a good condition, and such
fact would constitute no defense In this
| action.
To Justify a conviction on the evidence
of the witnesses Vossen and Newport alone,
they should be corrOborated by other evil
dence as to material fact or facts In the
case. But il is not necessary that their
evidence should be cOrroborated as to
every material fact in the case or as to
everything TO which they testify. The cor
roboration should be in such and so many
parts of the evidence of said witnesses as
may reasonably satisfy the jury OF ITS
truth. And the jury may convict on the
uncorrobaied evidence OF an accomplice or
accomplices If after q careful and cautious
examination and consideration OF such
euidence it satisfies the jury OF the defend
ants guilt. The jury are the sole and ex-
elusive Judges of the weight Of the evidence
of Vo,sen and Newport, and of the credit
ability of these and other witnesses testl-
flying in this action.
"fhe defendants evidence is competent
for YOU to consider and yeu will give 1t
such weight as in your judgment ii Is en-
titled to. 1t is proper for you to consider
the fact that he is testifying in his own
behalf"
. "You will not be influenced by any
prejudice of feeling either for or against
the Missouri Pacific railway corporation
or by any prejudice for or against the de-
PENDANT.
"You will honestly and fearlessly do
YOUR duty and render q verdict according
to your convictions regardless of the con-
sequences to follow such verdict.
/. The counsel on both sides spent half an
hour in discussing the order in which they
should address the jury. The attorneys
being unable to me to an understanding
Judge Hindman decided that the statutes
should be followed and only two speeches
made on each side, the itate to open and
close. If any other gentleman wished to
speak the representative of the state should
speak first and he followed by the states
attorney.
\ Mr.. Marshall Mcdonald opened for the
state. He said:
1.-THE state accepts the responsibility OF
proving that George III. Hamilton is guilty
, beyond doubt of the highest crime known
: to the law. We are not here seeking for
the blood of this man; We are not actuated
by motives other than desire to see justice
done, and if we do not prove to your ut
most satisfaction, Beyond the sh Idow OF a
doubt, that the defendant is guilty of the
, charges contained in the Indictment, then
you are to acquit, and that, gentlemen, is
all we ask-all we hope to accomplish.
, As YOU ali know there was a strike here In
1856. and out of that strike grew this crime.
We charge that the defendant tore up and
removed the spikes and 6shplates and rails
down here on the Missouri Pacific track,
, thereby causing the death of Benjamin
Horton, and that he is guilty of murder in
the first degree. We charge that he diG
that feloniously, deliberately and with
malicious aforetheught, or if it appears
that the death OF Horton was caused in the
. commission of felony and without the
express intention of killing Horton, then
the defendant is also gnilty of murder in
the first degree, and it is on these proyi-
sions of the statutes that the state hopes fol
a conviction. Now, If Mr.. Hamilton was
on the ground at the time these spikes and
6shplates were pulled-if he was there a
that time, aiding and abetting in the
work-he is just as guilty as the man who
actually used the clawbar and monkey
$ wrench,
take Coroner Gray's testimony; he i
an Official of Wysndotte county he is un
e predjucied he has no interest in the case
|, | Ii was his duty to ascertain the cause o
IL u.=.a=,. Aoath Ae In xestia tad the "a rcd